Mrs. Clinton (for
herself and Mr. Smith) introduced the
following bill; which was read twice and referred to the
Committee on Foreign
Relations

A BILL

To amend the Foreign Assistance Act of 1961 to provide
assistance for developing countries to promote quality basic education and to
establish the achievement of universal basic education in all developing
countries as an objective of United States foreign assistance policy, and for
other purposes.

1.

Short title

This Act may be cited as the
Education for All Act of
2007.

2.

Findings

Congress finds the following:

(1)

Throughout the
world, an alarming number of children are not receiving primary education. At
least 77 million children of primary school age are not in school and
3/5 of such children are girls. Worldwide, half of
school-age children who start primary school drop out. Hundreds of millions
more children are denied a secondary school education.

(2)

Of the
approximately 77 million children of primary school age who are not in school,
more than half live in countries that are considered fragile or have been
affected by conflict and 50 percent live in Africa. A significant number of
such children have been orphaned or otherwise negatively affected by HIV/AIDS.
Other such children have been victims of child labor or human trafficking.
Without access to education, such children will not have the skills to
contribute to reconstruction and stabilization of their countries.

(3)

The final report of
the National Commission on Terrorist Attacks Upon the United States (hereafter
in this section referred to as the Report) concluded that
education that teaches tolerance, the dignity and value of each individual, and
respect for different beliefs must be a key element in any global strategy to
eliminate terrorism.

(4)

Extending the
vision of educational opportunity described in the Report to all developing
countries, including countries affected by armed conflict, is critical to
achieve the United Nations Millennium Development Goals and prevent the rise of
violent extremism worldwide.

(5)

The Report
concluded that the United States Government must offer an example of moral
leadership in the world and offer parents and their children a vision of the
future that emphasizes individual educational and economic opportunity.

(6)

At the World
Education Forum held in Dakar, Senegal in 2000, the United States joined more
than 180 other countries in committing to the goal of universal basic education
by 2015. Universal completion of primary school and eliminating gender
disparity in all levels of education not later than 2015 are part of the United
Nations Millennium Development Goals. Currently, at least 70 countries are
unlikely to achieve the goal of 100 percent of children completing primary
school by not later than 2015.

(7)

The Report noted
that the United Nations has rightly equated literacy as freedom
and that the international community is moving toward setting a goal of
reducing by half the illiteracy rate in the Middle East by 2010, through the
implementation of education programs targeting women and girls and supporting
programs for adult literacy.

(8)

The Report
concluded that ensuring educational opportunity is essential to the efforts of
the United States to defeat global terrorism and recommended that the United
States Government should offer to join with other nations in generously
supporting [spending funds] . . . directly on building and operating primary
and secondary schools in those Muslim states that commit to sensibly investing
financial resources in public education.

(9)

Basic education
has been demonstrated to be fundamental to development. No country has reached
sustained economic growth without achieving near universal primary education.
Education reduces poverty and inequality, and lays the foundation for sound
governance, civic participation, and strong institutions.

(10)

Investing in
girls’ education delivers substantial returns not only in educational
attainment but also in increasing women’s incomes, delaying the start of sexual
activity, reducing infant mortality, increasing women’s political
participation, and spurring economic growth.

(11)

Education helps
to protect children in conflict situations from physical harm, exploitation,
and sexual abuse, as well as to avoid the recruitment of children into armed
groups, and to promote good governance and poverty reduction.

(12)

According to
progress reports from the Education for All Fast-Track Initiative, since the
World Education Forum was held in 2000, the number of children out of school
has decreased at an average rate of 4 million children per year. Despite this
progress, the goal of achieving universal basic education by 2015 will not be
met unless the number of children out of school decreases at an average rate of
approximately 7 million children per year.

(13)

Credible
estimates indicate that at least an additional $7 billion to $10 billion per
year of external development assistance is necessary for developing countries
to achieve universal basic education by 2015.

3.

Assistance to
achieve universal basic education

(a)

In
general

Chapter 1 of part I
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by
inserting after section 105 the following new section:

105A.

Assistance to
achieve universal basic education

(a)

Purpose

It
is the purpose of this section to ensure that the United States provides the
resources and leadership to ensure a successful international effort to provide
all children with a quality basic education in order to achieve the goal of
universal basic education by 2015 agreed to at the World Education Forum held
in Dakar, Senegal in 2000.

(b)

Policy

It
is the policy of the United States to work with foreign countries and
international and civil society organizations to increase the global commitment
to achieving universal basic education—

(1)

to assist
developing countries to provide all children with a quality basic education;
and

(2)

to assist
nongovernmental and multilateral organizations working in developing countries
to provide all children with a quality basic education.

(c)

Principles

In
developing the global commitment referred to in subsection (b), the policy of
the United States shall be guided by the following principles:

(1)

United States
resources

To lead a global
commitment to achieving universal basic education in developing countries,
including in developing countries affected by armed conflict, emerging from
armed conflict, or affected by humanitarian crises, the United States shall
commit substantial new resources for education in developing countries to
expand access to educational opportunity and inspire confidence in such
countries that efforts to reform education in such countries will receive
adequate resources.

(2)

Other major
donors

The United States Government shall encourage other donors
to contribute commensurate amounts to support such a global commitment.

(3)

Private sector
and nongovernmental participation and contributions

United States
efforts in leading such a global commitment shall include explicit strategies
to encourage and integrate contributions of strategic direction and financial
resources from indigenous and international private sector and civil society
organizations interested in supporting quality universal basic education
efforts.

(4)

School access,
quality, and completion

United States assistance for basic
education in developing countries shall seek to expand access to school for all
children, including children in developing countries that are affected by armed
conflict, emerging from armed conflict, or affected by humanitarian crises, and
to improve the quality of education in order to increase the number of children
completing a basic education.

(5)

Coordination
within the United States Government

The United States Government
shall establish a comprehensive strategy to improve coordination and
collaboration among all departments and agencies of the United States
Government involved in providing assistance for basic education to developing
countries to ensure efficient and effective use of the resources of the United
States. The comprehensive strategy shall recognize the importance of providing
assistance for basic education, including the importance of providing such
assistance in humanitarian and other emergency situations and the importance in
providing such assistance as a component of development assistance. The
comprehensive strategy shall ensure the provision of assistance for basic
education throughout the transition from emergency situations to reconstruction
and development.

(6)

Coordination
between education and HIV/AIDS prevention efforts

United States
assistance shall support efforts to improve coordination between global health
and education initiatives in United States Government programs and
internationally to reduce the adverse impact of HIV/AIDS on education systems,
teacher workforce, and orphans and other vulnerable children in developing
countries.

(7)

Coordination
with national education plans

United States assistance for basic
education in developing countries shall be provided in collaboration and
coordination with the national education plans of such countries to the maximum
extent practicable.

(8)

Integration of
education plans within overall national economic
strategies

United States policies and programs shall encourage
developing countries to ensure that efforts are developed within an overall
strategy of economic and market reforms to reduce poverty and spur sustained
economic growth.

(d)

Definitions

In
this section:

(1)

AIDS

The
term AIDS has the meaning given that term in section
104A(g).

(2)

Appropriate
congressional committees

The term appropriate
congressional committees means—

(A)

the Committee on
Appropriations and the Committee on Foreign Relations of the Senate; and

(B)

the Committee on
Appropriations and the Committee on Foreign Affairs of the House of
Representatives.

(3)

Basic
education

The term basic education—

(A)

means an education,
generally consisting of completion of 9–10 years of schooling, including
efforts to improve early childhood development, primary education, secondary
education, literacy and numeracy training, and life skills training; and

(B)

includes efforts to
facilitate and support the activities described in subparagraph (A), including
efforts to—

(i)

build the
institutional capacity of a country to manage basic education systems and
measure results;

(ii)

construct and
rehabilitate schools;

(iii)

train
teachers;

(iv)

increase parent
and community involvement in schools;

(v)

provide learning
materials; and

(vi)

develop
curricula.

(4)

Education for
All Fast-Track Initiative

The term Education for All
Fast-Track Initiative means the Fast-Track Initiative launched in 2002
to mobilize donor resources and accelerate progress toward the achievement of
the United Nations Millennium Development Goal of Education for All by 2015, an
international commitment to bring the benefits of basic education to every
individual.

(5)

HIV

The term HIV has the meaning
given that term in section 104A(g).

(6)

HIV/AIDS

The
term HIV/AIDS has the meaning given that term in section
104A(g).

(7)

Member states of
the Group of Eight

The term member states of the Group of
Eight means the countries of Canada, France, Germany, Italy, Japan,
Russia, the United Kingdom, and the United States.

(8)

National
education plan

The term national education plan
means a comprehensive national education plan that—

(A)

is developed in
accordance with the provisions of the Education For All Fast-Track Initiative;
and

The term psychosocial support has the
meaning given that term in section 135.

(10)

Relevant
executive branch agencies and officials

The term relevant executive branch
agencies and officials means—

(A)

the Department of
State, the United States Agency for International Development, the Department
of the Treasury, the Department of Labor, the Department of Education, the
Department of Health and Human Services, the Department of Agriculture, and the
Department of Defense;

(B)

the Chief
Executive Officer of the Millennium Challenge Corporation, the Coordinator of
United States Government Activities to Combat HIV/AIDS Globally, the National
Security Advisor, and the National Economic Advisor; and

(C)

any other
department, agency, or official of the United States Government that
participates in activities to promote universal basic education pursuant to the
authorities of such department, agency, or official or pursuant to this
Act.

(e)

Development and
implementation of a comprehensive United States strategy on education for
all

(1)

Strategy
required

The President shall develop a comprehensive integrated
strategy of the United States to promote universal basic education by
2015.

(2)

Elements

The
strategy required by subsection (a) shall—

(A)

include specific
objectives, indicators, including indicators to measure learning outcomes, and
approaches to increase access and quality of basic education in developing
countries;

(B)

outline how the
United States Government will ensure a transition and continuity of educational
activities in countries affected by armed conflict, emerging from armed
conflict, and affected by humanitarian crises;

project general
levels of resources needed to achieve the stated objectives;

(F)

expand
public-private partnerships and the leveraging of resources;

(G)

target the
activities of the United States to leverage contributions from member states of
the Group of Eight and other donors to provide universal basic
education;

(H)

target the
assistance provided by the United States to leverage contributions from the
private sector and civil society organizations to achieve universal basic
education;

(I)

increase efforts
of the United States to coordinate with other donors to reduce inefficiency and
waste at the global and country levels and ensure efficient coordination among
relevant executive branch agencies and officials;

(J)

support efforts of
the United States in helping children to overcome challenges to achieving
universal basic education, including strategies to target hard-to-reach
populations, including those impacted by AIDS, orphans, and other vulnerable
populations, and to support efforts to reduce the adverse impact of HIV/AIDS on
education systems; and

(K)

maximize United
States capabilities in the areas of technical assistance and training.

(3)

Requirement to
consult

In developing the
strategy required by subsection (a), the President shall consult with—

(A)

relevant executive branch agencies and
officials; and

(B)

nongovernmental organizations and
individuals who are involved in the promotion and implementation of education
assistance programs in developing countries.

(4)

Public
comment

The President shall
provide an opportunity for public comment on the strategy required by
subsection (a).

(5)

Annual
report

Not later than 270
days after the date of the enactment of the Education for All Act of 2007, the
President shall transmit to the appropriate congressional committees a report
setting forth the strategy required by subsection (a) and make the report
available to the public.

(f)

Assistance To
develop and implement national education plans

(1)

Assistance
authorized

The President is
authorized to provide funds and other assistance to assist foreign countries
described in paragraph (2) to create the policies, processes, and
infrastructure to develop and implement national education plans to allow all
children of such countries to access and complete basic education.

(2)

Foreign
countries described

The foreign countries described in this
paragraph are—

(A)

foreign countries that have demonstrated a
strong commitment to delivering universal basic education, as evidenced by the
establishment of a national education plan or the willingness to develop a
national education plan; and

(B)

foreign countries that have not
demonstrated a strong commitment to delivering universal basic education, as
evidenced by the failure to establish a national education plan and the lack of
opportunity or capacity to work with a committed national government.

(3)

Priority and
other requirements

(A)

Priority

In
providing assistance under this subsection, the President shall give priority
to foreign countries in which there is the greatest need, as evidenced in part
by the percentage of children out of school, in which there is the greatest
opportunity to expand universal access and to improve the quality of basic
education, and in which the assistance can produce a substantial, measurable
impact on children and educational systems.

(B)

Requirement
relating to countries without a strong commitment to delivering universal basic
education

Assistance provided
under this subsection to foreign countries described in paragraph (2)(B) shall,
to the maximum extent practicable, be provided in coordination with committed
local governments and civil society organizations.

(C)

Requirement
relating to countries affected by conflict or crises

Assistance provided under this subsection
to foreign countries or those parts of the territories of foreign countries
that are affected by armed conflict, emerging from armed conflict, or affected
by a humanitarian crisis shall be provided in such a manner so as to ensure a
continuity of educational activities throughout the conflict or crisis and
during the transition from conflict or crisis to reconstruction and
development.

(4)

Activities
supported

Assistance provided under this subsection may be used
to support efforts to expand access and to improve the quality of basic
education, including efforts—

(A)

to ensure an
adequate supply of trained teachers;

(B)

to promote
programs that expand training and implementation of effective curricula;

(C)

to provide
adequate infrastructure;

(D)

to build systems
to provide continuing support, training, and professional development for all
educators;

(E)

to eliminate fees
for educational services, including fees for tuition, uniforms, and materials,
and provide access to education without additional costs to families through
simplified multilateral mechanisms;

(F)

to identify and
replicate successful interventions that improve access to education and the
quality of education, such as scholarships, school lunch, and school health
programs;

(G)

to build systems
to ensure continuing information collection, monitoring, and evaluation of
education services and financing;

(H)

to ensure that
schools are not incubators for violent extremism;

(I)

to provide human
rights and conflict-resolution education;

(J)

to promote
programs that teach civic education and life skills;

(K)

to support other
initiatives that have demonstrated success in increasing access, improving
learning outcomes and increasing educational opportunities for the most
disadvantaged populations, such as children in remote or rural areas, religious
or ethnic minorities, orphans and children impacted by HIV/AIDS, child laborers
or victims of trafficking, children affected by conflict, and children living
with disabilities;

(L)

to increase the
number of comprehensive schools; and

(M)

to carry out other
activities to further the goals of the Education for All Fast-Track
Initiative.

(5)

Additional
activities supported for countries affected by conflict or crises

In addition to the activities supported
under paragraph (4), assistance provided under this subsection to foreign
countries or those parts of the territories of foreign countries that are
affected by armed conflict, emerging from armed conflict, or affected by a
humanitarian crisis may be used to support efforts—

(A)

to ensure a
continuity of educational activities for all children;

(B)

wherever possible,
to reestablish formal education services, or to complement services that are
available with the establishment of well-managed school spaces, to protect
children from physical harm, psychological and social distress, recruitment
into armed groups, family separation, and abuses related to their
displacement;

(C)

to promote the
creation of out-of-school programs and flexible-hour schooling in areas in
which security prevents students from attending regular schools;

(D)

to provide safe
spaces, with such facilities providing access to water, sanitation,
health-related education, psychosocial support and landmine awareness;

to provide
essential educational materials that assist in building systems to support,
train, and provide professional development for educators; and

(G)

to promote efforts
to ensure the reintegration of teachers and students in conflict and refugee
situations into educational systems, including regional approaches to
coordinate and recognize the educational efforts of these teachers and students
and other school systems.

(6)

Suspension of
assistance

(A)

In
general

The President may suspend the provision of all or part of
the assistance provided under this subsection for a foreign country if there is
substantial evidence that the country—

(i)

is significantly
failing to meet the criteria specified in its national education plan;
or

(ii)(I)(aa)

is not tracking and
monitoring the use of foreign and domestic assistance to develop or implement
its national education plan and making such tracking and monitoring information
available to the public; or

(bb)

is using such assistance for
unauthorized purposes; and

(II)

fails to come
forward with an immediate plan to address a deficiency described in item (aa)
or (bb) of subclause (I).

(B)

Notification

Not
later than 30 days after exercising the authority of subparagraph (A) to
suspend the provision of all or part of the assistance provided under this
subsection for a foreign country, the President shall submit to the appropriate
congressional committees a notification of such suspension, including the
reasons for the suspension.

(g)

Universal basic
education fellowship program

(1)

Authority

The
Administrator of the United States Agency for International Development is
authorized to establish an education fellowship program at the United States
Agency for International Development to increase the expertise of the personnel
of the Agency in promoting universal basic education and to carry out the
provisions of this section.

(2)

Term of
fellowship

An individual may participate in a fellowship under
this subsection for a term of not more than 3 years.

(3)

Qualifications

An
individual is qualified to participate in a fellowship under this subsection if
such individual has the specific expertise required—

(A)

to develop and
implement the policies and programs of this section; and

(B)

to promote the
exchange of knowledge and experience among the Agency, the education service
delivery community, private business, and the academic and research
communities.

(h)

Annual
report

(1)

In
general

Not later than
January 31 of each year, the President shall transmit to the appropriate
congressional committees a report on the implementation of this section for the
prior fiscal year and make the report available to the public.

(2)

Report
elements

The report required by paragraph (1) shall
include—

(A)

a description of
efforts made by relevant executive branch agencies and officials to implement
the strategy developed pursuant to subsection (e), with a particular focus on
the activities carried out under this section;

(B)

a description of
the programs established by each foreign country receiving assistance pursuant
to subsection (f) that provides a detailed explanation of the extent to which
the strategy developed pursuant to subsection (e) and the assistance provided
pursuant to subsection (f) are contributing to the goal of universal basic
education in the foreign country; and

(C)

a description of
the extent to which each foreign country selected to receive assistance
pursuant to subsection (f) meets the priority criteria specified in subsection
(f)(3)(A).

(i)

Relationship to
other laws

The President shall exercise the authority provided in
this section in accordance with other applicable law.

(j)

Authorization of
appropriations

(1)

In
general

To carry out this section, there are authorized to be
appropriated to the President—

(A)

$1,000,000,000 for
fiscal year 2008;

(B)

$1,500,000,000 for
fiscal year 2009;

(C)

$2,000,000,000 for
fiscal year 2010;

(D)

$2,500,000,000 for
fiscal year 2011; and

(E)

$3,000,000,000 for
fiscal year 2012.

(2)

Availability of
funds

Amounts made available under paragraph (1) are authorized
to remain available until expended and are in addition to amounts otherwise
available for such
purposes.

.

(b)

Technical
amendment

Chapter 1 of part I of the Foreign Assistance Act of
1961, as amended by subsection (a), is further amended by redesignating the
second section 135 (as added by section 5(a) of the Senator Paul Simon Water
for the Poor Act of 2005 (Public Law 109–121; 119 Stat. 2536)) as section
136.

4.

Coordinator of
United States Government Activities to Provide Education for All in Developing
Countries

(a)

Establishment of
position

Section 1 of the State Department Basic Authorities Act
of 1956 (22 U.S. C. 2651a) is amended–—

(1)

by redesignating
subsection (g) as subsection (h); and

(2)

by inserting after
subsection (f) the following new subsection:

(g)

Education for
All Coordinator

(1)

Establishment

(A)

In
general

There shall be established within the Department of State
in the immediate office of the Secretary of State a Coordinator of United
States Government Activities to Provide Education for All in Developing
Countries (hereinafter in this subsection referred to as the
Coordinator), who shall be appointed by the President, by and
with the advice and consent of the Senate. The Coordinator shall report
directly to the Secretary.

(B)

Concurrent
government position prohibited

The individual serving as the
Coordinator may not hold any other position in the Federal Government during
the individual’s time of service as Coordinator.

(2)

General
authorities

The Coordinator, acting through such nongovernmental
organizations (including faith-based and community based organizations) and
relevant executive branch agencies and officials as may be necessary and
appropriate to effect the purposes of this section, is authorized—

(A)

to operate
internationally to carry out activities to promote universal basic
education;

(B)

to transfer and
allocate funds to relevant executive branch agencies and officials; and

(C)

to provide grants
to, and enter into contracts with nongovernmental organizations (including
faith-based and community-based organizations) to carry out the purposes of
this subsection.

(3)

Duties

(A)

In
general

The Coordinator shall have primary responsibility for the
oversight and coordination of all resources and international activities of the
United States Government to promote universal basic education under section
105A of the Foreign Assistance Act of 1961 or any other provision of
law.

(B)

Specific
duties

The duties of the Coordinator shall specifically include
the following:

(i)

Ensuring program
and policy coordination among relevant executive branch agencies and officials
and nongovernmental organizations, including auditing, monitoring, and
evaluation of all such programs.

(ii)

Ensuring that
relevant executive branch agencies and officials undertake programs primarily
in those areas in which the agencies and officials have the greatest expertise,
technical capabilities, and potential for success.

(iii)

Avoiding
duplication of effort.

(iv)

Ensuring
coordination of activities of relevant executive branch agencies and officials
in the field.

(v)

Pursuing
coordination with other countries and international organizations.

Directly approving all activities to
promote universal basic education under section 105A of the Foreign Assistance
Act of 1961 or any other provision of law.

(viii)

Establishing due diligence criteria for all
recipients of funds to promote universal basic education under section 105A of
the Foreign Assistance Act of 1961 or any other provision of law, and all
activities carried out with such funds, subject to the coordination and
appropriate monitoring, evaluation, and audits carried out by the Coordinator
necessary to assess the measurable outcomes of such activities.

(ix)

Annually
convening a meeting of relevant executive branch agencies and officials to
evaluate progress in carrying out the United States strategy developed pursuant
to section 105A(e) of the Foreign Assistance Act of 1961 and recommend future
changes to the strategy based upon such evaluation.

(x)

Annually submit to the President a report
outlining the progress made in carrying out the United States strategy
developed pursuant to section 105A(e) of the Foreign Assistance Act of 1961 and
containing the evaluation of the strategy and recommendations for future
changes to the strategy developed at the meeting of relevant executive branch
agencies and officials pursuant to clause (ix).

(4)

Report to
Congress

Not later than 30
days after receiving the report required by paragraph (3)(B)(x), the President
shall transmit the report and a response to the contents of the report to the
appropriate congressional committees and make the report and the response to
the report available to the public.

(5)

Definitions

In
this subsection:

(A)

AIDS

The
term AIDS has the meaning given that term in subsection
(f)(2)(C).

(B)

Appropriate
congressional committees

The term appropriate
congressional committees means—

(i)

the
Committee on Appropriations and the Committee on Foreign Relations of the
Senate; and

(ii)

the Committee on
Appropriations and the Committee on Foreign Affairs of the House of
Representatives.

(C)

Basic
education

The term basic education has the meaning
given that term in section 105A(d)(3) of the Foreign Assistance Act of
1961.

(D)

HIV

The
term HIV has the meaning given that term in subsection
(f)(2)(C).

(E)

HIV/AIDS

The
term HIV/AIDS has the meaning given that term in subsection
(f)(2)(C).

(F)

Relevant
executive branch agencies and officials

The term relevant executive branch
agencies and officials has the meaning given that term in section
105A(d)(10) of the Foreign Assistance Act of
1961.

.

(b)

Specification of
resources of Coordinator

Not
later than 90 days after the date of enactment of this Act, the President shall
specify the necessary financial and personnel resources, including detailees,
from funds appropriated pursuant to the authorization of appropriations under
subsection (j) of section 105A of the Foreign Assistance Act of 1961 (as added
by section 3 of this Act), that shall be assigned to and under the direct
control of the Coordinator of United States Government Activities to Provide
Education for All in Developing Countries (as established by subsection (g) of
section 1 of the State Department Basic Authorities Act of 1956 (as added by
subsection (a) of this section)) to establish and maintain the duties and
supporting activities assigned to the Coordinator by section 1(g) of the State
Department Basic Authorities Act of 1956.